Lowell Solicitors

99_wombats

Hello all.

On 17.08.2018 Lowell Solicitors contacted me with a claim of an EE debt of £888.18

No other details were included with the claimed sum.
The letter stated I had 30 days to "either make a one-off payment (of full sum) or agree a payment plan, or respond etc.

I read some details from the MSE Forum, and sent off a letter (recorded) on 22.08.2018
asking the following:

Disputed claim of debt.

Full copy of agreement - not abbreviated version from t mobile uk.
Statement of account
Full details on how the sum is being calculated and claimed
Copy of assignment notice (complete).

I require this information, within 30 days from the recorded date of this letter.

I also sent a separate letter to Lowell Portfolio Ltd with a formal request for a copy of the credit agreement under consumer credit act 1974 etc - i submitted a postal order for £1.00, requiring the copy, within 12 days.

Lowell Solicitors responded on 29.08.2018
"We confirm receipt of your recent letter regarding the above matter.
The account that we hold for you, is a former T Mobile UK Limited account - taken out online or via telesales on 25th June 2013.
As this account is a telecommunications account, it is not regulated by the consumer credit act 1974 therefor the original creditor is not obliged to provide you with a copy of the agreement.

We confirm, that we have requested for copies of the relevant documents from the original creditor T Mobile UK. Once in receipt of these we shall provide them to you"

Lowell Solicitors responded on 28.09.2018
"Further to our previous correspondence our client is compiling a response to the points, you raised in your pre action protocol reply form" (i did not send any form in a pre action protocol form)
Your case is still on hold and we will provide you with an update in due course".

Lowell Solicitors responded on 09.09.2018

"please find enclosed a copy of the statement and notice of assignment from the original creditor T Mobile UK Limited.
A default notice is a technical document that is applied to a Credit Agreement should a customer fail to repay the account. As mobile phones have a Service Agreement and not a Credit Agreement, a Default Notice does not apply and is therefore not issued.

We have suspended activity on your account for 30 days from the date of this letter, to allow you time to contact us to set an arrangement on your account"
Usual further time legal threats etc.

Whats the next suggested move, as I'm none the wiser or clearer, regarding this claimed debt.

Willing2Learn

Hi,

Are you disputing the actual debt? Are you saying you have never had an EE / T-Mobile account in arrears? Or do you agree that the debt is yours?

Edit: And welcome to the forum

sourcrates

Fundamental question above.


Is it your account or not ?


What they say is all correct.

99_wombats

Morning, and thank you for the welcome and replies.

I dispute the debt. I did have a phone contract with carphone warehouse, that was on a t mobile network. The phone did not have a decent signal in my home area. The phone simply did not work. I discussed this extensively instore with carphone warehouse. After 3 days, of trying - i returned the phone and sim card to the store, for non performance of contract.
I have a receipt from the carphone warehouse for the return

Never heard a thing again. I never moved house or another other reason, I might have missed anything - posted or such.
Happily with a network that has a signal.

So, that's my confusion and concern, with above matter..

jbryce

Next question. How long ago was this? If it was more than 6 years, it is statute barred. If it is nearly 6 years, employ stalling tactics until it is more than 6 years old.

sourcrates

You need to write and tell Lowell the contract was cancelled under the 14 day cooling off period and that no debt exists.

CPW and/or T mobile have made an error and have not cancelled the contract as they should of done.

Written complaint to them too.

Enclose a copy of the proof you have.
If lowell or CPW cant or wont help, look up the ombudsmen for t mobile and complain to them, there are two make sure you get the correct one.

Dont ignore this.

99_wombats

I would not ignore this, by any means. Thank you for the responses, so far.

I was always going to communicate this with (evidence) Lowell's - and now following advice, CPW. The balance as claimed, I'm assuming includes a (returned) phone handset then,or perhaps the entire length of the contract term costs? They did not supply any details whatsoever, of how this sum was arrived at.

One interesting point i recall, was that when I first noticed the appalling intermittent signal,issue, CPW advised it was a T Mobile issue to resolve, initially. They then relented when it was obvious the lack of signal ensured, it was pointless, in my area, and the contract was cancelled.

Willing2Learn

99_wombats wrote: »

I was always going to communicate this with (evidence) Lowell's - and now following advice, CPW. The balance as claimed, I'm assuming includes a (returned) phone handset then,or perhaps the entire length of the contract term costs? They did not supply any details whatsoever, of how this sum was arrived at.

Don't get diverted by the balance that Lowell is saying is due. The balance is irrelevant. Your argument/complaint is about liability and the fact that you cancelled the contract/agreement immediately, within the 14 day 'cooling off' period.

sourcrates

I mentioned that you shouldn't ignore this simply because Lowell can be quite litigious if ignored.


Best to jump on it quickly.

Speech

I would contact CPW - I used to work for them, returning the phone doesn't mean the contract has been cancelled. It means they returned the stock item (handset), but as they are a seperate entity to the network it could be a lack of communication between CPW and the network to say it should have been cancelled.

99_wombats

Letters fired off (with evidence) to CPW / and Lowells.
Let's see whats next.....